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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am currently going through the process of separating

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I am currently going through the process of separating from my husband. We have a son together and he will stay with his father for the time being, we also own a house together which has a mortgage. I wanted to know whether I'm still liable to pay the mortgage even if I don't live there? (our mortgage is due for renewal in jan so I assume at this point if it wasn't renewed then the house would need to be sold?)
I also wanted to know what my liabilities were to pay for my son, i know that child maintenance would be due but what about childcare costs?
My husband was the main earner in the household and doesn't have any debts, whereas I have some student loans and a car loan, not sure if any of this makes a difference?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child, how much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Customer: replied 2 years ago.

Hi Clare,

My son is 1, the house is probably worth about £280k and the mortgage outstanding is £144k.

The only other assets are cars, mine still probably has almost 50% still to pay where as my husband is due to pay his off early next year and he also owns another small car which is only worth a couple of thousand.

My income is £44k and my husband i think earns around £70k although it might be more as he was negotiating a large salary increase.

I should probably add that we have been married for 3 years.

May I ask how the care of the child will be shared between you on average each week?
Customer: replied 2 years ago.
Hi, my son will live in the house with my son. I currently look after him on Wednesdays and we will share weekends. I won't be able to have him stay with me as I will be in rented accommodation. There will be evenings where I pick him up and look after him when my husband is out.
In that case you will have to pay 12% of your gross income as Child Maintenance - but you will not also have to pay the mortgage
However do please understand that the longer your child lives with his father as his main carer the harder it will be to change it in the future unless your ex agrees to the change
You can read more on the site here
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

I'd worked out the child maintenance myself, so i assume that I don't also have to pay anything more towards childcare?

What is it that means I don't have to pay the mortgage? We own the house 50/50 so the mortgage is in both our names.

The renting situation is only temporary, i don't really want to leave my son but there are lots of reasons why right now its not feasible to have him live with me.

No you will not need to pay any more towards the Child Care.
Since you are not living in the property your ex cannot force you to pay towards the mortgage.